Evidence in Texas Domestic Violence Cases
How survivors can gather and store documentation relevant to Texas DV cases.
Safely Collecting and Using Evidence in Canada
Examples of Evidence Someone Might Save
Evidence can be many different things. It does not need to be perfect or complete to be useful. What matters most is your safety while collecting and storing it.
- Text messages, emails, social media messages, and call logs
- Voicemail recordings or screenshots of threatening messages
- Photos of injuries, damaged property, or broken items
- Copies of medical visit summaries or discharge notes (if you already have them)
- Notes about past incidents: dates, times, locations, who was present, and what happened in general terms
- Information about witnesses (names and safe contact details if they agree)
- Police occurrence numbers if officers have already attended
- Workplace or school incident reports, if any exist
- Printouts or screenshots of controlling, threatening, or harassing online behaviour
Digital Safety Steps When Keeping Evidence
Digital devices and online accounts can be monitored or accessed without permission. Any evidence plan needs to consider how someone could see what you are doing.
Safer Ways to Store Evidence
- If possible, use a device the other person cannot access, such as a trusted friend’s phone or a work device with permission.
- Consider taking screenshots instead of leaving messages in messaging apps, then storing those screenshots in a safer place.
- Use password or PIN locks on phones, tablets, and laptops, and change them if you think they are known.
- Turn off automatic syncing to shared devices or shared cloud accounts where the other person might see your files.
- Store copies of important screenshots or documents in an email account the other person does not know about, if safe to do so.
- Keep a paper notebook in a safe place for simple incident notes if digital storage does not feel secure.
Managing Accounts and Devices
- Review login locations and devices connected to your accounts where possible, and sign out of ones you do not recognize.
- Change passwords on key accounts (email, banking, social media) from a device you believe is not monitored.
- Avoid sharing location in apps, photos, or posts if that could increase risk.
- Consider using messaging apps with disappearing messages only if it does not remove evidence you may want later.
How Evidence May Be Used in Different Legal Processes
Processes and rules differ across provinces and territories, and decision-makers decide what evidence they can accept. The points below are general information only, not legal advice.
Peace Bonds and Protection Orders (POs)
When someone applies for a peace bond or protection order, decision-makers may look at information that shows why safety concerns exist. This can include:
- Printouts or screenshots of threatening or harassing messages
- Notes describing previous incidents, dates, and patterns of behaviour
- Photos of property damage or injuries
- Police occurrence numbers or copies of reports, if you already have them
- Information about how often contact or harassment happens
Criminal Cases
In criminal matters, police and Crown prosecutors choose what evidence to collect and use. Evidence from you might include:
- Messages, screenshots, or photos you share with police
- Your description of incidents, including dates and context
- Contact information for witnesses who are willing to speak to police
Police may create their own records, such as statements, photos, and reports. Prosecutors then decide what is used in court.
Family and Parenting / Custody Cases
In family law or parenting decisions, information about safety can be important to arrangements for children and contact between adults. Evidence sometimes includes:
- Messages that show patterns of threats, harassment, or controlling behaviour
- Proof of missed pickups, late returns, or interference with parenting time
- Reports from schools or daycares about safety concerns, if they exist
- Non-graphic notes of past incidents that could affect children’s wellbeing
Family courts in Canada focus on the best interests of the child. Safety concerns are one part of that. What is allowed or considered persuasive can vary by province or territory.
Important Reminder About Recording Laws
Recording phone calls or in-person conversations can be legally complicated in Canada. Rules about when a recording is allowed, how it can be used, and whether a court will accept it are not the same in every situation.
- In some situations, recordings that seem helpful may not be allowed in court.
- Secretly recording can create safety risks if the other person discovers it.
- Sharing recordings (for example, online or with others) can have legal consequences.